Employers are having a difficult time complying with the new Americans with Disability Act leave requirements.  Employers who cap leave time at a maximum number of days, or cap it at 12 weeks mistakenly believing the FMLA maximum is all ADA requires' have found out the EEOC and the Courts see the requirements differently. An individual assessment is required for each leave request. While it is conceivable an across the board capped among of time may establish an employer's hardship, its not an easy burden to meet and individual assessment, even in that context is required. Some cases of note are discussed in this on line post.